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DECREE No

DECREE No. 04/2003/ND-CP OF JANUARY 16, 2003 STIPULATING THE COMMENDATIONS AND/OR REWARDS FOR INDIVIDUALS, FAMILIES, AGENCIES AND ORGANIZATIONS RECORDING ACHIEVEMENTS IN DRUG PREVENTION AND COMBAT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Law on Drug Prevention and Combat of December 9, 2000;

At the proposals of the Minister of Public Security and the Minister of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Decree prescribes the commendations and/or rewards for individuals, families, agencies and organizations that record achievements (hereinafter referred to as achievement-recording subjects for short) in the prevention and combat of drug addiction as well as drug-related crimes and other illegal drug-related activities.

2. Foreign individuals and organizations as well as international organizations, that record achievements in drug prevention and combat on Vietnam’s territory, shall be considered for commendations and/or rewards according to the provisions of this Decree.

3. Those who secretly collaborate with the agencies specialized in drug-related crime prevention and combat and record achievements shall be considered for special commendations and/or rewards according to the provisions of this Decree.

4. The commendations and/or rewards for achievement-recording individuals and units under the agencies functioning to detect, investigate and handle drug-related cases shall comply with other law provisions.

Article 2.-

1. The commendations and/or rewards must be made in a democratic, accurate and timely manner, combining spiritual and material rewards with a view to mobilizing and encouraging individuals, families, agencies and organizations to participate in the prevention and combat of drug addiction, drug-related crimes and other illegal drug-related activities.

2. To pay attention to commendations and/or rewards for grassroots units, individuals and collectives operating in key and dangerous domains in drug prevention and combat.

3. Each form of commendations and/or rewards may be conferred to one subject for several times.

4. An achievement of each subject shall be considered for commendations and/or rewards only once.

Article 3.-

1. Achievement-recording subjects may request competent State agencies to consider and decide on the commendations and/or rewards for their own achievements. In cases where the achievement-recording persons have died, their families, agencies, organizations or lawful representatives may request for the consideration of commendations and/or rewards for them.

2. The State agencies prescribed in Article 5 and Article 6 of this Decree shall have to consider and decide on the commendations and/or rewards for achievement-recording subjects according to relevant law provisions and the provisions of this Decree.

Article 4.- The State agencies, social organizations and all citizens shall have to coordinate with, and assist the competent State agencies in detecting and supplying information and documents related to achievement-recording subjects for the latter to make commendations and/or rewards therefor in time and in strict accordance with law provisions.

Chapter II

FORMS, CRITERIA, REGIMES AND COMPETENCE TO CONSIDER COMMENDATIONS AND REWARDS

Article 5.-

1. The general commendation and reward forms include:

a) Emulation banners of the Government, ministries, branches, provinces and centrally-run cities;

b) Diplomas of merit of the Prime Minister;

c) Diplomas of merit of the ministers and heads of the central branches;

d) Diplomas of merit of the presidents of the People’s Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial-level for short);

e) Certificates of merit of the presidents of the People’s Committees of rural and urban districts, provincial towns and cities (hereinafter referred to as the district-level for short);

f) Certificates of merit of the presidents of the People’s Committees of communes, wards and townships (hereinafter referred to as the commune-level for short).

2. Apart from the common commendation and/or reward forms, achievement-recording subjects prescribed in Clause 3, Article 1 of this Decree, who are secret collaborators of agencies specialized in drug-related crime prevention and combat under the People’s Police, the criminal investigation bodies of the People’s Army, Coast Guard units, Borderguard units and customs offices, shall also be commended and/or rewarded according to the forms prescribed in Clause 2 of this Article, including:

a) The certificates of merit of the General Director of the Police Department, the Borderguard Commander, the General Director of Customs, the heads of the agencies specialized in drug-related crime prevention and combat under the Public Security Ministry, the directors of the provincial-level Public Security Services, the Director of the Coast Guard Department, the Director of the Scouting Department under Borderguard Command; the chiefs of the provincial-level borderguard commands, the directors of the provincial-level Customs Departments, the heads of the criminal investigation bodies under the People’s Army of the general-department or higher level;

b) The certificates of merit of the heads of the district-level police offices;

c) Money rewards.

Article 6.-

1. The specific criteria and regimes for the commendations and/or rewards in forms prescribed at Point a, Clause 1, Article 5 of this Decree shall comply with Article 15 and Article 28 of the Government’s Decree No. 56/1998/ND-CP of July 30, 1998.

2. The specific criteria for the commendations and/or rewards in forms prescribed at Points b, c, d, e and f, Clause 1, Article 5 of this Decree shall comply with the following:

a) The Prime Minister shall consider the commendations and/or rewards for subjects that unexpectedly record especially outstanding achievements or subjects that have been granted diplomas of merit by the heads of ministries, central branches or presidents of the provincial-level People’s Committees for three consecutive years and now record more outstanding achievements;

b) The diploma of merit of the heads of ministries and branches is the form of commendations for subjects that unexpectedly record outstanding achievements or to be granted once a year or upon the conclusion of a campaign on drug prevention and combat or a review of good people and good deeds with good impacts within a ministry or branch.

c) The certificate of merit of the presidents of the provincial-level People’s Committees is the form of commendations to be granted to subjects recording unexpected achievements or to be granted once a year or upon the conclusion of a campaign on drug prevention and combat or a review of good people and good deeds with good impacts within a province;

d) The certificate of merit of the presidents of the district-level People’s Committees is the form of commendations to be granted to subjects recording unexpected achievements or to be granted once a year or upon the conclusion of a campaign on drug prevention and combat or a review of good people and good deeds with good impacts within a district;

e) The certificate of merit of the presidents of the commune-level People’s Committees is the form of commendations to be granted to subjects recording unexpected achievements or to be granted once every year or upon the conclusion of a campaign on drug prevention and combat or a review of good people and good deeds with good impacts within a commune;

3. The money rewards prescribed at Point c, Clause 2, Article 5 of this Decree shall comply with the Prime Minister’s Decision No. 31/2000/QD-TTg of March 2, 2000 on establishing fund for drug prevention and combat.

The Minister of Public Security, the Minister of Defense and the Minister of Finance shall specify subjects, order and procedures for consideration of commendations and/or rewards and organize the conferment or posthumous conferment of the commendations and/or rewards in forms prescribed in Clause 2, Article 5 of this Decree.

Article 7.-

1. Achievement-recording subjects, apart from being granted the diplomas or certificates of merit as prescribed in Article 5 of this Decree, shall also be given frames and an amount of money. The level of money to be given together with the certificates or diplomas of merit for achievement-recording subjects being individuals shall be based on the minimum wage level prescribed by State for officials and employees at the time of consideration for commendations and rewards and specified as follows:

a) The Prime Minister’s diplomas of merit shall be given together with an amount of money not exceeding two months’ minimum wage;

b) The diplomas of merit prescribed at Points c and d, Clause 1, Article 5 of this Decree shall be given together with an amount of money not exceeding one month’s minimum wage;

c) The certificates of merit prescribed at Points e and f, Clause 1, Article 5 of this Decree shall be given together with an amount of money not exceeding a half of one month’s minimum wage.

2. The amounts of money to be given together with certificates and diplomas of merit for achievement-recording subjects being families, agencies and organizations shall double the amounts to be given together with the certificates and diplomas of merit for individuals prescribed in Clause 1 of this Article.

Chapter III

ORDER, PROCEDURES AND FUNDING FOR COMMENDATIONS AND/OR REWARDS

Article 8.- Dossiers of application for commendations and/or rewards include: The achievement-recording subjects’ reports on their achievements; the written proposals of the heads of the agencies, organizations or administrations where the achievement-recording subjects reside or work; and opinions of the lower-level agencies (if any).

Article 9.-

1. After receiving the application dossiers, the heads of the agencies competent to consider the commendations and/or rewards shall have to set up Commendation and Reward Councils, comprising of the representatives of the agencies competent to consider the commendations and reward as heads and representatives of financial bodies and trade unions (if any) and representatives of the agencies, organizations or administrations where the achievement-recording subjects reside or work.

2. The Commendation and Reward Councils shall have to examine documents included in the dossiers, evaluate the achievements and suggest and submit the specific commendation and/or reward forms to the competent authorities for decision. The Commendation and Reward Councils shall make their conclusions by majority. The minutes of the Commendation and Reward Councils’ meetings shall be kept in the dossiers of application for commendations.

3. The heads of the competent agencies shall consider the application dossiers and the minutes of Commendation and Reward Councils’ meetings and issue decisions on the commendations and/or rewards. The commendations and/or rewards shall be announced right after the decisions thereon are issued by the competent authorities.

4. For cases of considering the commendations for secret collaborators of the agencies prescribed in Clause 2, Article 5 of this Decree, the heads of the competent agencies shall decide on the commendations and/or rewards without having to set up Commendation and Reward Councils so as to ensure secrecy.

Article 10.- In cases where individuals, families, agencies and organizations make false declarations on their achievements in drug prevention and combat for commendations and/or rewards, the agencies competent to decide on the commendations and/or rewards shall have the right to annul these commendation forms.

Article 11.- Funding for commendations and rewards as prescribed in this Decree shall be apportioned from the central and local funds for drug prevention and combat and reward funds of the ministries, branches and localities.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.- This Decree takes effect 15 days after its signing.

The Ministry of Public Security shall have to assume the prime responsibility and coordinate with the concerned ministries and branches in inspecting and urging the implementation of this Decree.

Article 13.- The ministers, the heads of the ministerial-level agencies, the heads of agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI